AG2001/7925, Transcript of Proceedings [2002] AIRCTrans 447 (18 February 2002)

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TRANSCRIPT OF PROCEEDINGS


O/N VT02263

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT ACTON

AG2001/7925

APPLICATION FOR CERTIFICATION
OF AGREEMENT

Application under section 170LJ of the
Act by Siemens VDO Automotive Pty Limited
for certification of the Siemens VDO
Automotive Pty Limited Certified Agreement
2002/2003

MELBOURNE

9.55 AM, WEDNESDAY, 30 JANUARY 2002

PN1

MR P. BOROBOKAS: I am from the Australian Industry Group.

PN2

MS Z. ANGUS: I appear on behalf of the Australian Workers Union.

PN3

MR BOROBOKAS: Your Honour, I appear for the Australian Industry Group on behalf of Siemens VDO Automotive Pty Limited. Your Honour, this is an application made under division 2 of part VIB of the Act for certification of an agreement made in accordance with section 170LJ. Your Honour, the terms of the agreement were reached between the company and the AWU on behalf of employees covered by the Metal Engineering and Associated Industries Award.

PN4

The parties have prepared statutory declarations which we believe meet all of the requirements of the Act, regulations and rules of the Commission. We further submit that all of the requirements of section 170LJ and section 170LT have been met, namely the agreement we submit does not disadvantage the employees covered by it, and that a valid majority of employees genuinely approved the agreement on 26 November 2001. Access to the agreement and an explanation of the terms of the agreement occurred in accordance with the requirements of section 170LR and was appropriate having regard to the particular circumstances of the employees covered by the agreement.

PN5

Your Honour, it contains a dispute settlement procedure at clause 37. The period of operation of the agreement is set out in clause 5 where it is stated that the agreement will expire on 31 December 2003. Your Honour, we therefore request that the Commission certify the agreement in the terms sought. If the Commission pleases.

PN6

MS ANGUS: Your Honour, it is also the view of the union that all the requirements of the Act have been met, and in that regard we support the submissions made by the AIG on behalf of the company and seek that the agreement be certified.

PN7

THE SENIOR DEPUTY PRESIDENT: Well, having regard to the material contained on the file in this matter and also the submissions put to me, I am satisfied I should certify the agreement known as the Siemens VDO Automotive Pty Limited Certified Agreement 2002/2003. I am satisfied that to do so would be consistent with the requirements of the Act and the regulations. The certification of the agreement will come into force from today's date and remain in force until 31 December in the year 2003.

ADJOURNED INDEFINITELY [9.58am]